Information Technology Standard 02.10.0

Digital & Media Copyright Compliance Standard

Date of Current Revision or Creation: November 1, 2021

The purpose of an Information Technology Standard is to specify requirements for compliance with Old Dominion University Information Technology policies, other University policies, as well as applicable laws and regulations. Standards may include business principles, best practices, technical standards, migration and implementation strategies, that direct the design, deployment and management of information technology.

Purpose

The purpose of this standard is to ensure compliance with the United States copyright laws, including the Digital Millennium Copyright Act (DMCA), as it applies to digital resources and that any unauthorized distribution or redistribution of music, movies, software, or other protected media.

Definitions

Bandwidth is a measurement of the amount of data that can be transmitted over the Internet in a fixed amount of time.

Digital Media is defined as electronically stored material such as digital audio, video, MPEG's, and other digitally encoded technologies used to create and distribute digital content.

Digital Millennium Copyright Act (DMCA) is federal legislation governing the access, transmission, control, and distribution of copyright protected media.

Peer-to-Peer file transfer is when files are stored and made available to other users for download over an Internet network.

Standards Statement

Old Dominion University respects the copyright protections given by federal law to owners of digital materials and software. Faculty, staff, or students are prohibited from using University equipment or services to access, use, copy or otherwise reproduce, or make available to others any copyright-protected digital materials or software except as permitted under copyright law.

Using a peer-to-peer file transfer programs to download illegally obtained music, movies, software or video from the Internet, and the sharing of copyrighted music and video files within the campus network, is not allowed.

Bandwidth Traffic Monitoring

The University does not search for illegal activity that may occur on its networks. The University will, in the routine management of the network, identify anomalies in traffic and follow up as appropriate. In the event of such activity or due to an official complaint, the University will investigate network activities and take action to keep the network operating appropriately.

Blocking Products

Old Dominion University does not sensor or monitor content except under specific, well-defined circumstances. Deployment of commercial products that filter network traffic to detect copyrighted material would be a violation of this practice and are not in use at ODU.

Digital Millennium Copyright Act (DMCA) Notice Response

While all users, in general, are subject to digital and media copyright compliance, students, in particular, should be aware of a pre-subpoena notification approach employed by the Recording Industry Association of America (RIAA). The IT Security Office implements a DMCA notice program for responding to copyright infringement allegations. Specific procedures are followed for implementing the guidelines for the Digital Millennium Copyright Act (DMCA.) When the IT Security Office receives a DMCA notice of alleged copyright violation, it acts expeditiously to remove or block access to the allegedly infringing material. When investigations support the notice of infringement, the Office of Student Conduct and Academic Integrity enforces violations involving students.

DMCA Violation Remediation Process

Old Dominion University applies a Digital Millennium Copyright Act (DMCA) resolution process. Identified copyright violators are sent a series of notifications to address the possible abuse of ODU network privileges. The three-step process is available for review on the Digital Millennium Copyright Act web site.

Community Education

Information Technology Services will inform users about the University's commitment to upholding copyright law through security awareness and training programs, Monarch Vision Cable TV warnings, student and faculty orientation sessions, informational web sites and promotional activities.

Enforcement

The University regards violation of this policy as a serious matter, and any such violation is without its consent and is subject to disciplinary action in accordance with applicable University policies. Repeated violations will result in loss of computing privileges, among other sanctions.

Exception:

This standard does not apply to file transfer programs, such as iTunes, or web sites that lawfully offer consumers the opportunity to download music or video files. Any downloaded files, however, must be of a nature that does not violate the University's Internet and computer use policies.

Procedures, Guidelines & Other Related Information

• Federal and State Law
• DHRM Policy 1.75 - Use of the Internet and Electronic Communications Systems
• Higher Education Opportunity Act (HEOA) P2P Provisions
• University Policy 3500 Use of Computing Resources
• IT Standard 09.1.0 Acceptable Use Standard
• IT Standard 10.1.0 Disciplinary Action Standard
• Digital Millennium Copyright Act Procedures
• ODU DMCA Violation Remediation Process/Student Violations
• ODU Plan for Combating Unauthorized Distribution of Copyrighted Material

History